answered on Dec 31, 2023
In your Chapter 7 bankruptcy case in Georgia, when it's stated that the debtor is discharged and assets are reported with no deadline to file a claim, it indicates a specific stage in your bankruptcy process.
A discharge in a Chapter 7 case means that the debtor is released from... View More
I gave my sister my house in 2009 after purchasing a new house. We didn't do a quit claim deed then. Flash forward to today, i'm behind in my mortgage and am going to file bankruptcy. I was going to do the quit claim deed before hand to legally give her the other house, will there be... View More
answered on Dec 14, 2023
Possibly. The bankruptcy trustee can challenge any transfer to a relative within one year prior to bankruptcy and drag the property back into the bankruptcy estate for the purpose of paying creditors. If you record a quitclaim deed within that period, it might be challenged, particularly if there... View More
answered on Dec 4, 2023
If you find defamatory content in a judge's final order, there are limited options available for addressing this. The content of a judicial order typically reflects the judge's findings and opinions based on the presented evidence and legal standards. However, if the content seems to... View More
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
answered on Nov 19, 2023
Considering your situation, it's important to approach this with a clear understanding of your options. Filing for bankruptcy might be a viable solution to manage your debt, but it's crucial to understand the implications, especially regarding your assets like your house and car.... View More
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
answered on Nov 17, 2023
Once you fall three months behind on your mortgage payments, your lender will likely start foreclosure proceedings. A chapter 7 would delay but not prevent foreclosure (unless you have a lot of equity). A chapter 13 would allow you to bring the payments current over the course of a chapter 13 plan... View More
I am unsure if bankruptcy is the way to go but I am stuck with a mortgage, car payment,medical bills as well as personal loans we created jointly and we have some separately. I also am the cosigner for loans for him with a company. I have a vehicle that I cosigned with my daughter on as well. This... View More
answered on Nov 27, 2023
In a divorce the court can determine on a temporary basis which party is responsible for what expenses until they can make a final determination. You would have to file for divorce, file a motion for temporary relief, and have a hearing. Then you can let the court know what household expenses... View More
My one secure debt is from me stupidly pawning my car title. I owe $5500. I was told I’d pay $136 + $620 a month for TM with TM being paid off in 8 months. But my petition shows I will pay $756 for 36 months. Will my payment drop to the $136 a month once TitleMax is paid off?
answered on Nov 5, 2023
In a Chapter 13 bankruptcy plan, your payment can indeed change over time. If your plan is structured so that you're paying off the TitleMax loan within 8 months, once that debt is fully paid, your plan payment may be adjusted. However, this depends on the other debts included in your plan and... View More
If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?
answered on Nov 5, 2023
In Georgia, as in other states, once you've filed for Chapter 13 bankruptcy, you have the option to dismiss your case voluntarily. To do this, you would typically file a motion to dismiss with the bankruptcy court handling your case.
The timing for canceling the bankruptcy can be... View More
If I can still sell house now and stop bankrupcy for actually going thru in ga. How much time do I have bf I must cancel and avoid it from going thru?
answered on Nov 5, 2023
You don't say so, but it sounds as if you filed pro se, without counsel, and that's always dicey for a non-lawyer.
If you filed at least the minimum required documents (the Petition, a Certificate that you completed the approved counseling course prior to filing, and a full list... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
answered on Nov 5, 2023
In preparing to collect on a judgment, it is wise to consider all available legal avenues. Once you obtain a judgment, you can enforce it through garnishment of wages, bank accounts, or by placing a lien on the defendant's property. If the defendant has a history of bankruptcy, it's... View More
I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More
answered on Nov 4, 2023
It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More
I live in the state of Georgia and I cosigned with my nephew on his private student loans (Navient Tuition Answer). He received a discharge from his Chapter 7 filing and the loans were forgiven. He owes 186K and they are coming after me for the balance. If I file Chapter 7 will I lose my -... View More
answered on Nov 5, 2023
In a Chapter 7 bankruptcy in Georgia, you can use state exemptions to protect some of your property, including equity in your home. The Georgia homestead exemption may cover some of the value of your land and home, but it has limits. The exemption for homestead is $21,500 in value and can be... View More
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More
So that I am not impacted, would we need to sell the asset in order to not have it taken in a bankruptcy? Are there any other impacts to me if my business partner goes through with this?
answered on Sep 8, 2023
Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).
A general partner is personally liable for the debts of a... View More
I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days
answered on Jul 26, 2023
No two cases are alike, and no two clients, who generate necessary factual information, are alike either.
The preparation of the full Bankruptcy Schedules requires across the board info from the client, both currently and for as long as six years ago.
I've been doing bankruptcy... View More
I want to file Chapter 7. I have turned in all documents asked and both case had been filed as of 8 days
answered on Jul 31, 2023
Once you submit the requested paperwork to your attorney (presumably including your credit counseling certificate), he or she will prepare your bankruptcy petition. Your attorney will then review the petition with you to confirm that the petition is complete and correct. If the petition is complete... View More
What route should I take ? I am worried about having a place to live .
answered on Jul 15, 2023
For most debtors, the primary purpose of Chapter 13 is to "save the house".
Ch. 13 enables you to retain the property, make current payments as they fall due, and cure any mortgage deficiency by paying the amount past due on the mortgage debt over the period of the plan (up to... View More
I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More
answered on Jun 20, 2023
Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More
I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More
answered on Jun 20, 2023
I generally agree with my colleague's prior answer, but for more pointed reasons.
The US Supreme Court recently handed down a major bankruptcy ruling about creditor violations of the automatic stay, and especially with respect to its ruling that the bankrupt debtor must now... View More
Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More
answered on May 23, 2023
There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More
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